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Residency question.

I'm usually a lurker but I need some help! For those of you who moved after your wedding/whenever with your DH to a new station... did you change your legal state of residency? Did you get a new license?

If I choose to change my license, do I change it at every station I go to?

Re: Residency question.

I grew up in military household and I'm starting to get the hang of being in myself. From what I understand, you are not required to change your legal state of residency each time you move. Generally speaking, your legal state of residency is going to be your HOR or where you plan to retire.

Each state has different laws regarding whether you are required to obtain that states license & car registration. Check with the DMV of the state you will be moving to. Also remember that just because you change your license and registration does not mean you have change your legal state of residency..sometimes more is required (like changing your voting district).

I may be wrong, but I'm pretty sure about the advice I've given you. Here's a link to Military OneSource which is a great resource for military, spouses, and families: http://www.militaryonesource.mil/moving

I never bother changing my license or my license plates on my car or anything unless they are expiring then Ill go ahead to our new bases DMV and get the new license there. Just know every time you have to retake the test (usually the written exam).

Im not sure if it's for spouses too but military members don't legally have any state of residency and their licenses' *usually* never expire, depends what police officer you ask though.

Sorry I haven't responded... wedding and honeymoon took up some time! Thank you for your advice ladies. Found out through the sources you've given me that we can change our plates but not our licenses, so that's what we'll do! We're also relieved of property taxes, which is nice. Thanks again for your help!

Under the "Military Spouses Residential Relief Act" signed into law in 2009, all spouses of active duty service members have the right to maintain their residency in a state where they have established it. Once you forfeit that residency to establish somewhere else, you cannot switch back until you re-establish it.

Meaning if you live in Florida (as I did), get a drivers license and car registration and vote there, you don't have to change that just because you move. That's not to say the states really understand what to do - I had to fight Florida pretty strong since we don't have a mailing address in Florida anymore. But legally, you have the right to maintain residency.

You also don't have to have the same residency as your spouse. However, you have to establish residency as an individual in the state - you can't just adopt your spouse's residency somewhere.

I strongly suggest you consider all the reasons/benefits of residency in any given state - state tax, in-state tuition (though some schools will offer that to a spouse of a service member stationed in that state), voting districts, etc.

If you and your spouse claim a different state of residency, sometimes you aren't protected under SCRA. You need to check the language of the law in the state you are PCSing too. Some (most actually) have a 4th prong that requires being domiciled in the same state as the SM. For example, here is the language for MA:

(1) The servicemember must have declared “legal residence for purposes of withholding state income taxes from

military pay” in a state other than Massachusetts;

(2) The servicemember is present in or near Massachusetts in compliance with military orders;

(3) The spouse is in Massachusetts solely to be with the servicemember;[4] and

(4) The spouse is domiciled in the same state as the servicemember.

It goes on to remind you that you must pay the income tax for wherever you both *are* domiciled:

The qualifying servicemember’s spouse must pay tax to the state of domicile , to the extent required by the state of domicile.

If you and your spouse claim a different state of residency, sometimes you aren't protected under SCRA. You need to check the language of the law in the state you are PCSing too. Some (most actually) have a 4th prong that requires being domiciled in the same state as the SM. For example, here is the language for MA:

(1) The servicemember must have declared “legal residence for purposes of withholding state income taxes from

military pay” in a state other than Massachusetts;

(2) The servicemember is present in or near Massachusetts in compliance with military orders;

(3) The spouse is in Massachusetts solely to be with the servicemember;[4] and

(4) The spouse is domiciled in the same state as the servicemember.

It goes on to remind you that you must pay the income tax for wherever you both *are* domiciled:

The qualifying servicemember’s spouse must pay tax to the state of domicile , to the extent required by the state of domicile.

Sometimes I feel like the SCRA is for HS sweethearts who have the same residency.

If you and your spouse claim a different state of residency, sometimes you aren't protected under SCRA. You need to check the language of the law in the state you are PCSing too. Some (most actually) have a 4th prong that requires being domiciled in the same state as the SM. For example, here is the language for MA:

(1) The servicemember must have declared “legal residence for purposes of withholding state income taxes from

military pay” in a state other than Massachusetts;

(2) The servicemember is present in or near Massachusetts in compliance with military orders;

(3) The spouse is in Massachusetts solely to be with the servicemember;[4] and

(4) The spouse is domiciled in the same state as the servicemember.

It goes on to remind you that you must pay the income tax for wherever you both *are* domiciled:

The qualifying servicemember’s spouse must pay tax to the state of domicile , to the extent required by the state of domicile.

Sometimes I feel like the SCRA is for HS sweethearts who have the same residency.